Housekeeping damage

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This article or paragraph presents the situation in Germany . Help us to describe the situation in other countries.

The financial management of damage is the damage because they caused to a person their household can or the whole family only partially or not at all lead, so the housework can not do. Usually this will be based on assault . The term therefore appears in particular in compensation law and there especially in road traffic accidents. The basis for a claim is Section 843 (1) BGB .

The housekeeping damage belongs according to § 843 Abs. 1 Alt. 1 BGB to abolish or reduce the ability to work, provided that the damage means a restriction or abolition of maintenance payments for the family. From the point of view of increasing the needs according to § 843 Paragraph 1 Alt. 2 BGB reimbursable as far as it comes to the own needs coverage.

To the extent that the household could not be managed, there is a right to reimbursement of the costs that are or were necessary to have the household managed by third parties. The entitlement also exists if the injured person manages the household despite the restrictions. In this case, as well as in the case that the household is run free of charge by a third party, there is an entitlement to the amount of the costs that would have arisen if a person had to be paid to run the household.

literature

  • Rainer Heß, Michael Burmann: Estimation of damage in housekeeping damage , NJW -Spezial 15/2011, 457.
  • Jürgen Jahnke: budget management damage , p. 99 ff., In: Deutscher Verkehrsgerichtstag (Ed.), Proceedings for the 48th German Traffic Court Day, Cologne 2010, publisher: Luchterhand, ISBN 978-3-472-07849-4 .
  • Gerhard Küppersbusch and Heinz Otto Höher: Compensation claims for personal injury , 11th edition, Munich 2013, Verlag CH Beck, ISBN 978-3-406-633737 .
  • Hermann Schulz-Borck and Edgar Hofmann: Compensation for loss of housewives and mothers in the household - with calculation tables , 6th edition Karlsruhe, VVW, 2000, ISBN 3-88487-894-8 .
  • Frank Pardey: Calculation of Personal Injury , 4th edition Heidelberg 2010, ISBN 978-3-8114-3524-7 .

Web links

  • Interactive table with the help of which, based on a previously determined reduction in housekeeping ability, the housekeeping damage to be replaced can be calculated in certain periods of time. For future claims to ongoing payment of a household damage pension, you can also determine the present cash value using a certain interest rate. - via juratexte.de .